Bogard v. Barhan
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit to compel specific performance of the following contract for an exchange of lands: “Woodburn, Oregon, June 16, 1906. This agreement made this date between A. Barhan, party of the first part, and Z. T. Bogard, party of the second part, witnesseth: That the party of the first part agrees to transfer to the party of the second part the following described property, the brick store building…
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From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit to compel specific performance of the following contract for an exchange of lands: “Woodburn, Oregon, June 16, 1906. This agreement made this date between A. Barhan, party of the first part, and Z. T. Bogard, party of the second part, witnesseth: That the party of the first part agrees to transfer to the party of the second part the following described property, the brick store building occupied by Beebe & Whitman, located in Woodburn, Marion County, Oregon; also my 15-acre farm located one mile north of…
1Opinion of the CourtJustice Eakin
1. By the demurrer the defendant questions the sufficiency of the writing to answer the requirements of the statute of frauds, in this: That it is void for uncertainty of the description, and that the averments of the amended complaint are broader than the memoranda. There are four items of real property mentioned in the agreement, namely, “the brick store building occupied by Beebe & Whitman, located in Woodburn, Marion County, Oregon”; “my 15-acre farm located one mile north of Woodburn, Marion County, Oregon”; “his 5-acre residence property lying west of the Catholic Church”; and “lot 7,…
2Cases cited8 opinions
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- Quinnin v. ReimersMichigan Supreme Court · 1881
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3Cited by44 opinions
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